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HomeMy WebLinkAboutPACKET OCT 09 2001 -ffi§L City of .Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 9, 2001 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items 2-8 • Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow private swimming lessons in an RS (Residential Single Family Dwelling) District at 2608 Hazel 2. Consider approval of a one-year contract with Blue Cross Blue Shield of Texas for third party administration of the City's self funded medical and indemnity dental plans and a Health Maintenance Organization 3. Consider granting the City Manager authority to implement the contribution rate changes for employees and retirees in the medical plans 4. Consider approval of a resolution to grant certain insurance and pay benefits for a period of no more than 180 days to City of Beaumont employees who are members of the National Guard or military reserves 5. Consider approval of the purchase of two 35-foot municipal transit coaches 6. Consider amending the Drought Contingency Plan, Ordinance 01-058, that was approved by the City Council on July 31, 2001 7. Consider authorizing the City Manager to execute an Industrial District Contract with ATOFINA Chemicals, Inc. 8. Consider an annual contract for professional auditing services COMMENTS • Councilmembers comment on various matters • City Manager's Report - Breast Cancer Awareness Seminar, National Firefighter Memorial Day, Economic Uncertainty-Impact on Revenue% Housing Bond Liquidation Results, Fire Protection Legislation, Internet- A Source of Knowledge, National Endowment for the Humanities, SWAT Team Training in Brazil, Third Annual Neches River Clean Up and SWAT Team Competition • Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Sandra Pope v. Leslie Carmen Apple Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 Council consider a request for a specific use permit to allow private swimming lessons in an RS (Residential Single Family Dwelling) District at 2608 Hazel City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 9, 2001 AGENDA MEMO DATE: September 18, 2001 REQUESTED ACTION: Council consider a request for a specific use permit to allow private swimming lessons in an RS (Residential Single Family Dwelling) District at 2608 Hazel. The property is within the Oaks Historic District. RECOMMENDATION The Administration recommends approval of the specific use permit to allow private swimming lessons in an RS District at 2608 Hazel subject to a requirement that vehicles transporting swim students not block driveways or the street pavements in the immediate neighborhood. BACKGROUND Marilyn Higgins and her friend Stacey Hansard teach swimming lessons in a pool located in the backyard of Rusty Hall's home at 2608 Hazel. The hours for teaching are 9:00 a.m. to 5:00 p.m., Monday through Thursday. They teach from June to the first week in August. There are seven classes per day of 6-7 students in each class. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 20,2001, the Planning Commission voted to defer the case until the September 17, 2001 meeting. At a joint Public Hearing with City Council held September 17,2001,the Planning Commission's motion to approve the specific use permit to allow private swimming lessons in an RS District at 2608 Hazel subject to a requirement that vehicles transporting swim students not block driveways or the street pavements in the immediate neighborhood failed 2:3. At the City Council meeting held October 2,2001, City Council deferred action on the specific use permit until the October 9, 2001 meeting. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a specific use permit to allow private swimming lessons in an RS District at 2608 Hazel subject to a requirement that vehicles transporting swim students not block driveways or the street pavements in the immediate neighborhood. NOTE: "The 20% Rule" Sec. 30-40.D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council. This means that in order to approve a zone change or specific use permit when the 20%rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 1570-P, a protest of 20.65% was received, therefore invoking the Rule on this case. ORDINANCE NO. DEFERRED ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PRIVATE SWIMMING LESSONS IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 2608 HAZEL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Marilyn Higgins and Rusty Hall to allow private swimming lessons in an RS (Residential Single Family Dwelling) District located at 2608 Hazel, being Lot 30 and the east '/2 of Lot 29, Block 54, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow private swimming lessons in an RS (Residential Single Family Dwelling) District located at 2608 Hazel, being Lot 30 and the east '/2 of Lot 29, Block 54, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Marilyn Higgins and Rusty Hall, their legal representatives, successors and assigns for those certain tracts as described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2001. - Mayor - priva FILE 1.-)70-P: Request for a specific use permit to &Doa w swimming lessons in NORTH an area zoned RS (Residential Single Family Dwelling). - Location: 2608 Hazel(residence) Applicant: Marilyn Higgins & Rusty Hall SCALE 1I g!/ !, . n Iw1a ti I v N I rs I H {•tt I r r ` N a l wt I I I I � tI .o zse so I w 119 $o - - $ ,2<oC✓b •. ASHLEY AVE. - - H N W t l It !o / t r I a { I t t I �! t /! o f / I f , J R r, I, !, of of . t/ Jf t! ow tl tf h w a Jk. .• H K ' O !I LONG'� i rJtvE. so 19. 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ONCRETE S10EWALK I /�� ► �W •. • ° If' W000 FENCE S 00'19 E 150-35 gSWBT iuHCTION BOX o ,y 0 S C3 7 U O ti • M z X pp * Approval subject to vehicles transporting swim TENTH STREET —i students not block driveways or the street pavements CU in the immediate neighborhood and remote parking II' j be provided and reinstallation of"no parking" signage. q 2 Council consider approval of a one-year contract with Blue Cross Blue Shield of Texas for third party administration of the City's self funded medical and indemnity dental plans and a Health Maintenance Organization :V~1 City of Beaumont qw_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Marie A. Dodson, Human Resources Director MEETING DATE: October 9, 2001 AGENDA MEMO DATE: October 3, 2001 REQUESTED ACTION: Council approval of a one year contract with Blue Cross Blue Shield of Texas for third party administration of the City's self funded medical and indemnity dental plans and a Health Maintenance Organization. RECOMMENDATION Administration recommends that Council award a one year contract effective January 1,2002 to Blue Cross Blue Shield of Texas (BCBSTX) for third party administration of the City's self funded medical and indemnity dental plans and a Health Maintenance Organization (HMO). BACKGROUND In August 2001, proposals were developed and distributed by McGriff, Seibel and Williams, the City's insurance consultant, for employee medical and dental insurance plans. Proposals were requested for a fully insured Health Maintenance Organization (HMO), a third party administrator for a self funded Preferred Provider Organization(PPO)and Point of Service (POS)medical plans and a third party administrator for the self funded dental plan. Quotes for medical stop loss insurance were also requested. Medical stop loss provides excess insurance coverage for annual claims in excess of$150,000 per employee or dependent. Proposers were asked to quote plans based on the current plan design. The City is contractually obligated by labor union agreements to provide 80/20 indemnity benefits currently in place. Plans include a PPO/POS plan with a 90/10 in network and an 80/20 out of network benefit which meets the labor union contracts and an additional HMO plan that provides access to medical services from network providers at low out of pocket costs. The current census indicates that there are 662 employees enrolled in the PPO/POS plan and 633 employees enrolled in the HMO plan. Four(4)bids were received for both medical and dental plans. They include Aetna Healthcare,Blue Cross Blue Shield, Memorial Hermann and GreenTree Administrators. Three other companies submitted rates for dental plans only but the City does not plan to award a separate contract for dental plans. Aetna Healthcare quoted rates for self funded POS/PPO and HMO plans only. Based on the City's current HMO large claims report,Aetna declined providing a fully insured HMO quote. In addition, Aetna did not provide quotes for medical stop loss. Memorial Hermann provided a quote for a self funded POS plan only. They did not provide quotes for the fully insured HMO as requested. Although, Memorial Hermann offers an extensive network of health care providers, their price of$56.75 quoted per employee per month was the highest bid received. In addition, they did not provide a quote for stop loss insurance. GreenTree Administrators provided a quote for a PPO medical and dental plan only. Quotes were not provided for an HMO plan and their quoted rate of$20.00 per employee per month is based on all employees converting to the PPO plan, thus eliminating the City's current HMO plan. Elimination of the HMO plan would not only burden those participating employees by increasing their out of pocket costs but would increase the City's overall claims costs. Blue Cross Blue Shield of Texas(BCBS)submitted a proposal based on the current plan designs for both the self funded PPO/POS plan and the HMO plan. BCBS is the City's current provider and the plans quoted are the same as currently in place. Rate increases ranged from 16%for administration fees and stop loss tol8% for the fully insured HMO premiums (see Attachment A). Further negotiations with BCBS have resulted in an additional reduction of 2% for the fully insured HMO premiums. BCBS has also agreed to provide a PPO plan in lieu of the POS plan. The market is moving away from gatekeepers as it has not been cost effective. The PPO plan would allow plan participants to access networked health care providers without referrals. According to BCBS and McGriff, Seibel and Williams, the conversion from a POS to a PPO plan will not adversely affect the City's claim liability. In addition BCBS quoted stop loss but due to the current market trends the City retains the right to solicit bids for stop loss at a later date. However, should the quote for stop loss from BCBS be deemed the most advantageous to the City,the City will continue stop loss coverage through BCBS. BUDGETARY IMPACT The projected annual premium cost for the HMO plan will be approximately $3,409,777. The total annual administration, claims and stop loss cost for the Preferred Provider Organization (PPO) plan will be approximately $5,257,970. The total annual claims' administration cost for the dental indemnity plan will be approximately $543,000. Appropriation of funds is available in the Employee Benefits Fund. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Human Resources Director RECOMMENDED MOTION Approve/Deny authorizing the award of a one year contract for third party administration of the City's self funded medical and dental plans and a fully insured Health Maintenance Organization to Blue Cross Blue Shield of Texas with the option to purchase medical stop loss. Attachment A Projected Costs for Blue Cross Blue Shield (BCBS) for Fiscal Year 2002 No. of Fee per Monthly Annual Plan Type _ _ _ Empl�ees Employee _ Cost _ Cost PPO Administration Fee 754 37.54 $28,305 $339,662 Specific Stop Loss Emp Only 191 10.79 2,061 24,731 Emp + Dep 563 26.48 14,908 178,899 I Aggregate Stop Loss Emp Only 191 1.091 208 2,498 Emp + Dep 563 2.67 1,503 18,039 Expected Paid Claims Emp Only 191 207.87 . 39,703 476,438 Emp + Dep 563 624.29 351,475 4,217,703 PPO Total Cost $5,257,970 HMO Premium Rates Employee Only 223 166.82 37,201 446,410 Emp + 1 dep 190 402.04 76,388 916,651 Emp + 2 or more 298 572.18 . 170,510 2,046,116 HMO Total Cost $3,409,177 Total PPO and HMO Cost $8,667,147 3 Council consider granting the City Manager authority to implement the contribution rate changes for employees an retirees in the medical plans City of Beaumont ..Wrl 'AMEL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Marie A. Dodson, Human Resources Director MEETING DATE: October 9, 2001 AGENDA MEMO DATE: October 3, 2001 REQUESTED ACTION: City Council consider granting the City Manager authority to implement the contribution rate changes for employees and retirees in the medical plans. RECOMMENDATION Administration recommends that Council approve medical contribution rate changes for employees and retirees including their dependents effective January 1, 2002. BACKGROUND Employees - Medical Contribution Rate Currently, medical coverage is provided for City employees at no cost. The cost of providing coverage for dependents is jointly shared by the City and the employee. Each civilian employee with one dependent contributes $ 84 per month. An employee with two or more dependents contributes $114 per month for medical coverage regardless of the medical plan. Sworn employees (police and fire) with dependents contribute $34 per month for medical coverage. The amount contributed by employees covers approximately 14% of the total cost of these benefits, the City pays the balance, 86% of the total cost. BCBSTX, insurance provider for 2002, quoted rates for the Preferred Provider Organization plan of$236.96 per month for employee only, $590.98 per month for employee plus one dependent, and $768.35 per month for employee plus family. BCBSTX quoted rates for the HMO plan of $166.82 per month for employee only, $402.04 per month for employee plus one dependent, and $572.18 per month for employee plus family. These rates as projected by BCBS are required to fund the medical plans offered by the City. They are based on the City's claims history and current enrollment numbers and are an 18% increase over the current rates. For the employee to share in the increasing costs of medical insurance, it is recommended that effective January 1, 2002 the contribution rate of medical coverage for Police and Civilian employees with one or more dependents increase by $12 per month. This increase is based on the total cost to the City to provide medical benefits to the employees and their eligible dependents. This increase is provided for in the Police labor agreement. Fire employee contribution rates are subject to change based on future contract negotiations. The following table reflects the cost impact to employees with dependents (except if the other dependent is an employee): Civilian Police Fire Coverage No. of Cur Prop No. of Cur Prop No. of Cur Prop Emp. Contr. Contr. Emp. Contr. Contr. Emp. Contr. Contr. Medical (E1) 173 $84 $96 50 $34 $46 61 $34 $34 (E2) 362 114 126 1 165 34 46 153 1 34 34 Based on the recommended contribution rates and current employee count, the employee contribution line item will increase by approximately $105,000 in Fiscal Year 2002. Retirees - Medical Contribution Rate Retirees and their dependents are allowed to elect continuation of medical coverage as provided by the state statute. The retiree/dependent may continue coverage until the retiree/dependent is covered by Medicare/Medicaid generally at age 65. Currently, there are 166 retirees and 7 Cobra participants on the City's medical plans. The retiree contribution rate for Police and Fire retirees is based on a provision in the Police and Fire contract agreements which states, "Any employee who retired on or after February 1, 1992 may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69%; single rate +1 at 58%; and the family rate at 54% of the COBRA rate on January 1st annually." This same formula is utilized when calculating the contribution rate for civilian retirees. As such, the COBRA and retiree rates effective January 1, 2002 based on each medical plan will be as follows: Total Current Retiree Plan Medical 2% Prescription COBRA Retiree Contribution and Rate Adm. Drugs Cost Rate Rate Category 1/1/2002 Cost 1/1/2002 1/1/2002 1/1/2001 1/1/2002 PPO (EO) $236.96 $4.74 $41.82 $283.52 $164.85 $192.36 (E1) 590.98 11.82 104.53 707.33 345.74 403.40 (E2) 768.35 15.37 136.06 919.78 418.58 488.38 HMO (EO) 166.82 3.34 41.82 211.98 123.89 143.96 (E1) 402.04 8.04 104.53 514.61 253.00 293.81 (E2) 572.18 11.44 136.06 719.68 328.88 382.45 BUDGETARY IMPACT Appropriation of funds is available in the Employee Benefits Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Human Resources Director. RECOMMENDED MOTION Approve/deny a request to authorize the City Manager to implement medical contribution rate changes for employees and retirees effective January 1, 2002. JRS C:\OFFICE\WPWIMWPDOCS\ANNL*NROL\20012002\councd\contrib wpd 10/3/01 10:04 am 4 Council consider approval of a resolution to grant certain insurance and pay benefits for a period of no more than 180 days to City of Beaumont employees who are members of the National Guard or military reserves City of Beaumont c Council Agenda Item HIM TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Marie A. Dodson, Human Resources Director MEETING DATE: October 9, 2001 AGENDA MEMO DATE: October 3, 2001 REQUESTED ACTION: Council consider a request to enact a resolution to grant certain insurance and pay benefits for a period of no more than 180 days to City of Beaumont employees who are members of the National Guard or military reserves. RECOMMENDATION Administration requests that Council grant City of Beaumont employees called to active duty in the reserves or National Guard compensation in the amount of the difference between their civilian salary or wage and military pay. During the 180-day benefit period, employees' dependents shall be allowed to continue their established medical coverage. Their coverage will be equal to that provided to other members of the employee's job class. The cost to the employee will be the rate paid by others in the same job class. BACKGROUND As a result of the terrorist attacks on America on September 11, 2001, the President of the United States,George W. Bush,activated members of the National Guard and Military Reserves. The City has identified 24 employees eligible for consideration under this resolution. BUDGETARY IMPACT None. Employee salaries are budgeted. PREVIOUS ACTION During the Persian Gulf War, the City of Beaumont passed two resolutions totaling 225 days which provided the same benefits as recommended herewith. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Human Resources Director. RECOMMENDED MOTION Approve/Deny a request to grant certain insurance and pay benefits for a period of no more than 180 days to City of Beaumont employees who are members of the National Guard or military reserves called to active duty. 5 Council consider approval of the purchase of two 35-foot municipal transit coaches City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 9, 2001 AGENDA MEMO DATE: October 2, 2001 REQUESTED ACTION: Council approval to award a bid for the purchase of two (2) 35-foot municipal transit coaches. RECOMMENDATION Administration recommends award of a bid for the purchase of two (2) 35-foot coaches to Nova BUS of Roswell, New Mexico in the amount of$604,116.36. BACKGROUND The buses are for use by Beaumont Municipal Transit. The Transit bus fleet consists of sixteen (16) coaches, eleven (11) purchased in 1989, and five (5) in 1991. The units specified in the bid are comparable to those currently in use and will replace two (2) of the older units. The two (2) replaced buses will be retained in the fleet for backup use when active buses are out of service due to repairs or scheduled maintenance. Bid notices were provided to 18 vendors, with only Nova BUS responding with a bid. Delivery time for the units is 40 weeks. The units are covered by the following warranties: body structure integrity - 3 years, 150,000 miles; engine, transmission and primary component subsystems - 2 years, 100,000 miles; and coach defects - 1 year, 50,000 miles. Warranty service will be provided by the nearest appropriate regional service center (all major system service providers are located in Texas). BUDGETARY IMPACT Funds for this expenditure are provided for in the following manner: $531,000 in a grant from the U.S. Department of Transportation, and the City will be responsible for the balance of Purchase of Two (2)35-Foot Municipal Transit Coaches October 2, 2001 Page 2 $73,116.36, or 12.1% of the total bid amount. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny acceptance of a bid from Nova BUS for the purchase of two (2) Nova BUS model RT 72 VW municipal transit coaches in the amount of$604,116.36. 6 Council consider amending the Drought Contingency Plan, Ordinance 01-058,that was approved by the City Council on July 31, 2001 7d~17E City Of Beaumont 1j1! Council Agenda Item M K.TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: October 9, 2001 AGENDA MEMO DATE: October 4, 2001 REQUESTED ACTION: Council consider amending the Drought Contingency Plan, Ordinance 01-058, that was passed by Council on July 31, 2001. RECOMMENDATION Administration recommends Council consider amending the Ordinance. BACKGROUND The Texas Natural Resource Conservation Commission (TNRCC) requires a wholesale public water supplier that holds a water right for the amount of 1,000 acre-feet or more for municipal use and provides water service to 3,300 or more connections must submit a drought contingency plan. The plan must meet all of the minimum requirements as set forth in the TNRCC Rules, Title 30 Texas Administrative Code Chapter 288. Since drought is a recurring event in Texas, the purpose of this plan is to provide the City of Beaumont with a framework for an integrated approach to minimize the impacts of drought on its people and resources. By amending Ordinance 01-058, the City Manager would be authorized to initiate allocation of water supplies on a pro rata basis to wholesale customers in accordance with Texas Water Code Section 11.039. BUDGETARY IMPACT None. PREVIOUS ACTION Drought Contingency Plan, Ordinance 01-058, was passed by Council on July 31, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION Approve/Deny a resolution amending the Drought Contingency Plan, Ordinance 01-058. DroughtContPlansk.wpd 10/04/2001 Section IX: Pro Rata Water Allocation In the event that the triggering criteria specified in Section I.H.3 of the Plan for Stage 3 - Severe Water Shortage Conditions have been met, the city manager is hereby authorized initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section 11.039 and according to the following water allocation policies and procedures. (a) A wholesale customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the City of Beaumont based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of the City of Beaumont as conditions warrant. Once pro rata allocation is in effect, water diversions or by deliveries to each wholesale customer shall be limited to the allocation established for each month. (b) A monthly water usage allocation shall be established by the city manager or his/her designee, for each wholesale customer. The wholesale customer's water usage baseline will be computed on the average water usage by month for the 1995-2000 calendar year period . If the wholesale water customer's billing history is less than 5 years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (C) The city manager shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the Texas Natural Resource Conservation Commission upon initiation of pro rata water allocation. (d) Upon request of the customer or at the initiative of the city manager the allocation may be reduced or increased if, (1) the designated period does not accurately reflect the wholesale customer's normal water usage; (2) the customer agrees to transfer part of its allocation to another wholesale customer; or (3) other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the city council of the City of Beaumont. Section X: Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions and/or deliveries. (a) One Hundred Ten Percent (110%) the normal water charge for water diversions and/or deliveries in excess of the monthly allocation up through 5 percent above the monthly allocation. (b) One Hundred Twenty Percent (120%) the normal water charge for water diversions and/or deliveries in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. (C) One Hundred Fifty Percent the normal water charge for water diversions and/or deliveries in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. (d) Two times (200%) the normal water charge for water diversions and/or more than 15 percent above the monthly allocation. (e) The above surcharges shall be cumulative. Section XI: Variances The city manager, or his/her designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided y this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (a) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the city manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be review by the City Council, and shall include the following. (a) Name and address of the petitioner(s). (b) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this ordinance. (C) Description of the relief requested. (d) Period of time for which the variance is sought. (e) Alternative measure the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (f) Other pertinent information. Variances granted by the City of Beaumont shall be subject to the following conditions, unless waived or modified by the City of Beaumont or its designee: (a) Variances granted shall include a timetable for compliance. (b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. Section XII: Severability It is hereby declared to be the intention of the City of Beaumont that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City of Beaumont without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 01-058 TO ADD PROVISIONS FOR THE APPLICATION OF THE DROUGHT CONTINGENCY PLAN TO WHOLESALE CUSTOMERS OF OUR WATER SYSTEM PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY.. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 01-058 be and the same is hereby amended to add new sections IX, X, XI and XII to read as follows: Section IX: Pro Rata Water Allocation In the event that the triggering criteria specified in Section 1.H.3 of the Plan for Stage 3 - Severe Water Shortage Conditions have been met, the city manager is hereby authorized initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section 11.039 and according to the following water allocation policies and procedures. (a) A wholesale customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the City of Beaumont based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of the City of Beaumont as conditions warrant. Once pro rata allocation is in effect, water diversions or by deliveries to each wholesale customer shall be limited to the allocation established for each month. (b) A monthly water usage allocation shall be established by the city manager or his/her designee, for each wholesale customer. The wholesale customer's water usage baseline will be computed on the average water usage by month for the 1995-2000 calendar year period . If the wholesale water customer's billing history is less than 5 years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (c) The city manager shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the Texas Natural Resource Conservation Commission upon initiation of pro rata water allocation. (d) Upon request of the customer or at the initiative of the city manager the allocation may be reduced or increased if, (1) the designated period does not accurately reflect the wholesale customer's normal water usage; (2) the customer agrees to transfer part of its allocation to another wholesale customer; or (3) other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the city council of the City of Beaumont. Section X: Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions and/or deliveries. (a) One Hundred Ten Percent (110%) the normal water charge for water diversions and/or deliveries in excess of the monthly allocation up through 5 percent above the monthly allocation. (b) One Hundred Twenty Percent (120%) the normal water charge for water diversions and/or deliveries in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. (c) One Hundred Fifty Percent the normal water charge for water diversions and/or deliveries in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. (d) Two times (200%) the normal water charge for water diversions and/or more than 15 percent above the monthly allocation. (e) The above surcharges shall be cumulative. Section XI: Variances The city manager, or his/her designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided y this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (a) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the city manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be review by the City Council, and shall include the following. (a) Name and address of the petitioner(s). (b) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this ordinance. (c) Description of the relief requested. (d) Period of time for which the variance is sought. (e) Alternative measure the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (f) Other pertinent information. Variances granted by the City of Beaumont shall be subject to the following conditions, unless waived or modified by the City of Beaumont or its designee: (a) Variances granted shall include a timetable for compliance. (b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. Section 2. It is hereby declared to be the intention of the City of Beaumont that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City of Beaumont without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 3. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. Section 4 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 9"' day of October, 2001. - Mayor - 7 Council consider authorizing the City Manager to execute an Industrial District Contract with ATOFINA Chemicals, Inc. City of Beaumont Council Agenda Item c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Economic Development Director MEETING DATE: October 9, 2001 AGENDA MEMO DATE: October 4, 2001 REQUESTED ACTION: Consider authorizing the City Manager to execute an Industrial District Contract with ATOFINA, Chemicals, Inc. RECOMMENDATION The Administration recommends approval of authorizing the City Manager to execute an Industrial District Contract with ATOFINA Chemicals, Inc. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The contract with ATOFINA is for seven years beginning January 1, 2002. The in-lieu of tax payments will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2002-2004 and 75% of property taxes due to the City in 2005- 2008. The 2002 payment by ATOFINA will be in the amount of$395,761. Payments are due to the City by February the 1 S`of each year. The 2001 assessed value of ATOFINA is $77,905,730. BUDGETARY IMPACT Industrial payments are estimated to total $11,728,700 in FY 2002 which are approximately 17% of the General Fund revenues. PREVIOUS ACTION The existing contract with ATOFINA will expire December 31, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Economic Development Director, RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute an Industrial District Contract with ATOFINA Chemicals, Inc. THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and ATOFINA Chemicals, Inc., its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS,the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: G:ICGWGREEMENWtochem-08-01.wpd 1 /7 ARTICLE I. COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2002 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this contract as described in Article II (hereinafter called the "Company's properties). 2. By the term "Assessed Value" is meant the 100°x6 valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term"assumed City taxes due"shall be calculated by the following formula: Assessed value + 100 x the current ad valorem tax rate by City Council of City = Assumed City Taxes due. 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2002 shall be in the amount of$395,761 and shall be due and payable on or before February 1, 2002. The February 1, 2002 payment is calculated as follows: Assumed City Taxes Due: $77,905,730 / 100 X .635 = $494,701 Year 1 80% of Assumed City Taxes Due = $395,761 G:ICGWGREEMENVItochem-08-0l.wpd 2/7 Each October thereafter,the Finance Officer shall obtain the most recent assessed values asset by the Jefferson County Appraisal District forthe Company's properties, real, personal and mixed, having taxable situs within the areas described in this Agreement; for example, in October, 2003, the 2003 assessed values shall be used for the February 1, 2004 payment. This assessed value shall be used in the calculation of the payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment,without interest,will be made within thirty(30)days following such resolution. (b) After the assessed value of the Company's properties have been determined, the payment to City shall be 80% of assumed City taxes for the years 2002 2003, and 2004 and 75%of assumed City taxes for the years 2005, 2006, 2007 and 2008. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If any annual payment is not made on or before any due date, the same penalties, interest, attomeys'fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. G:ICGWGREEMEN\Atochem-08-0t.wpd 3/7 ARTICLE II. PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property more particularly described in Exhibit "A" hereto, which are within the extra-territorial jurisdiction of the City of Beaumont. ARTICLE III. SALE BY COMPANY Company shall notify City of any sale of any or all of Company's properties to any person or entity. As to payments due under this contract, no such sale shall reduce the amount due the City under this contract until the purchaser of such property has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale had been made. It is the intent of the parties that no sale of any of Company's properties will affect the amount to be paid to the City under this Agreement. ARTICLE IV. CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in anyway cause or permit to be annexed any portion of Company's properties covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the Company's properties covered by this Agreement are reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. to the event of such annexation, Company wi I I not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the GACGVIGREEMENWtochem-0M1.wpd 4/7 year during which such annexation become effective if the annexation becomes effective after the last date on which taxes may be assessed in said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits of the Company's properties, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the Company or all companies that have entered into agreements with the City for payments in lieu of taxes with respect to properties located within the City of Beaumont Industrial District with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land of the Company's properties within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or(c)attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V. TERMINATION It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the GACGWGREEMEN1At0chem-0"1.wpd 5/7 parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI. AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's"affiliates"and to any properties owned or acquired by said affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to Company's property, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50°x) or more of the stock having the right to vote for the election of directors. ARTICLE VII. TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2002, and ending on December 31, 2008. ARTICLE VIII. NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: G:ICGWGREEMEN\Atochem-08-01.wpd 6/7 TO CITY TO COMPANY City Manager ATOFINA Chemicals, Inc. City of Beaumont P. 0. Box 1427 P. 0. Box 3827 Beaumont, Texas 77704 Beaumont, Texas 77704 ARTICLE IX. CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 7 pages plus Exhibit"A", is executed in duplicate counterparts as of this day of , 2001. CITY OF BEAUMONT, TEXAS By: Stephen J. Bonczek City Manager ATTEST: Barbara Liming City Clerk ATOFINA Chemicals Inc. By: ATTEST: G:\CGIAGREEMENWtochem-08.01.wpd 7/7 8 Council consider an annual contract for professional Auditing Services :LUE! City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Paula Labrie, Controller MEETING DA'L'E: October 9, 2001 AGENDA MEMO DATE: October 4, 200 t REQUESTED ACTION: Council consider an annual contract for professional Auditing Services. RECOMMENDATION Administration recommends approval of an annual contract with an annual renewal option for a period of three additional years beginning October 1, 2001 with the accounting firm of Patillo, Brown & Hill, L.L.P. BACKGROUND On July 30, 2001 the City issued a request for proposals from Certified Accounting Firms to provide professional auditing services for the City of Beaumont, Finance Department. Proposals were received on August 13, 2001 from the following Firms: FIRM LOCATION ANNUAL FEE Patillo, Brown and Hill, L.L.P. Waco, Texas $64,000 Edwards, Tate & Fontenote Beaumont, Texas $79,500 Charles Reed and Associates Port Arthur, Texas $80,000 Cook, Shaver, Parker & Williams Beaumont, Texas 590,250 Sanderson, Knox & Belt, L.L.P. Sugarland, Texas $98,900 Cavett, Turner and Wyble, L.L.P. Beaumont. Texas $99,800 Established procedures for evaluating proposals to select the best firm is the responsibility of the City's audit committee. Members of the audit committee are Mayor David Moore and Council Members Dr. Lulu Smith and Audwin Samuel. The audit committee met on August 21, 2001 and each proposal was reviewed and evaluated to select the top three firms. After the selection process, Edwards, Tate and Fontenote, Charles Reed and Associates and Patillo, Brown and Hill, L.L.P. were invited to be interviewed by the audit committee. On October 3, 2001 the audit committee interviewed the top three firms and selected Patillo, Brown and Hill. L.L.P. as the best qualified firm to meet the City's standards for a comprehensive annual audit. The firm of Patillo, Brown and Hill, L.L.P. is an 85 person regional accounting firm based in Waco, Texas with a broad client base, concentrating in governmental auditing. They are adequately staffed employing 20 full time governmental auditors. They currently serve over 100 governmental clients. The firm uses computer software that will prepare the clients working papers. This will allow City staff to concentrate on closing the books in an accurate and timely manner and allow them to focus on writing the Comprehensive Annual Financial Report (CAFR). They are also staffed with professionals that provide GASB 34 training to their clients. In selecting the firm of Patillo, Brown and Hill, L.L.P. the City will realize a savings of$15,500 per year ($62,000 for the four years) compared to the next lowest bid. BUDGETARY IMPACT Fiscal year 2002 cost of$64,000 compared to Fiscal year 2001 cost of$99,200 based on previous years cost. The FY 2002 budget has $100,000 allocated for the annual audit. With an annual cost $64,000 the projected savings over the life of the contract is $144,000. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY Audit Committee members, Mayor David Moore, Council Members Dr. Lulu Smith, Audwin Samuel and the City Manager. RECOMMENDED MOTION Approve/Deny the award fo a one (1) year contract with the option to renew annually for a period of three additional years to Patillo, Brown and Hill, L.L.P. in the amount of$64,000 annually for providing professional auditing services. 0 IL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 9, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes Confirmation of committee appointments A) Approve a change in signatories for the Workers Compensation Account at Hibernia National Bank B) Authorize the City Manager or his appointed representative to execute Project Agreement Forms with the Texas Department of Criminal Justice C) Approve the waiver of penalty and interest on four tax accounts D) Approve the nomination of C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District E) Approve the settlement of a lawsuit CONSENT AGENDA OCTOBER 9, 2001 * Committee Appointments Barbara White would be appointed to the Parks and Recreation Advisory Committee. The term would commence October 9, 2001 and expire October 8, 2003. (Councilmember Bobbie Patterson) Randy White would be appointed to the Airport Advisory Committee. The term would commence October 9, 2001 and expire October 8, 2003. (Mayor David W. Moore) Faye Young would be appointed to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect. The term would commence October 9, 2001 and expire October 8, 2003. (Councilmember Becky Ames) A) Approve a change in signatories for the Workers Compensation Account at Hibernia National Bank The Administration recommends approval of the addition of Jocelyn Harden, Sherry Brown and Jennifer Escobar as authorized signatories on the account. It is also recommended that Kevin Glidwell, Lanell Garcia and Beverly Hodges be deleted as signatories on the account. Signatories on all other City of Beaumont accounts for banking or investment purposes will remain unchanged. A copy of the staff memorandum is attached for your review. B) Authorize the City Manager or his appointed representative to execute Project Agreement Forms with the Texas Department of Criminal Justice The Administration recommends approval of this item. The Texas Department of Criminal Justice requires organizations to enter into a Project Agreement for the use of offender labor. Offender labor is used to maintain and upkeep City parks and other City properties. The City is required to furnish water and on-site direct communication on an hourly basis to prison headquarters as a part of the agreement. The agreement is typically renewed every three months. A copy of the staff memorandum is attached for your review. C) Approve the waiver of penalty and interest on four tax accounts The Administration recommends approval of the waiver of penalty and interest on four tax accounts. Section 33.011 of the State Property Tax Code states "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Jefferson County Commissioner's Court approved the waiver of penalty and interest on September 24, 2001. A letter from the Assessor-Collector of Taxes is attached for your review. D) Approve the nomination of C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District The terms of the current Board members expire on December 31, 2001. Entities have an opportunity to submit nominations for the Board of Directors by resolution adopted by the governing body and filing it with the Chief Appraiser by October 22, 2001. Mr. Sherman has served on the Board since 1994. The Administration recommends approval of this item. Additional information is attached for your review. E) Approve the settlement of a lawsuit The Administration recommends approval of authorizing the settlement of the lawsuit of Mary Sonnier-Ligon v. City of Beaumont, et al. There are sufficient funds in the Liability Trust Fund to pay settlement amounts not to exceed $7,500. A copy of the staff memorandum is attached for your review. A ,..... Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: October 9, 2001 AGENDA MEMO DATE: October 4, 2001 REQUESTED ACTION: Council consider a resolution requesting a change in signatories for the Workers Compensation Account No. 5007019284 at Hibernia National Bank. RECOMMENDATION The administration requests approval of the addition of Jocelyn Harden, Sherry Brown and Jeniffer Escobar as authorized signatories on the above listed account. It is also requested that Kevin Glidwell, Lanell Garcia and Beverly Hodges be deleted at signatories on the account. Signatories on all other City of Beaumont accounts for banking or investment purposes shall remain unchanged. BACKGROUND Ward Strategic Claims Solutions is the administrator for the City's Workers'Compensation Claims. Claims are paid from the City of Beaumont Account No. 5007019284 at Hibernia National Bank. Both Ward employees and City employees are authorized to sign on the account. Michael Hamilton, Sydney Post,Judy Ventrca, Diana Rollinson, Paulo Garcia, Kevin Glidwell and Lanell Garcia are Ward employees who are currently authorized as signatories on the account. Stephen J. Bonczek, Beverly Hodges, Kandy Daniel and Kyle Hayes are the City employees currently authorized as signatories on the account. BUDGETARY IMPACT None. PREVIOUS ACTION Paulo Garcia, Kevin Glidwell and Lanell Garcia were added and Mary Morris was deleted as authorized signatories on this account on August 31, 1999. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Treasurer. RECOMMENDED MOTION Approve/Deny a resolution adding Jocelyn Harden, Sherry Brown and Jeniffer Escobar and deleting Kevin Glidwell , Lanell Garcia and Beverly Hodges as authorized signatories on the City of Beaumont Worker's Compensation Account No. 5007019284 at Hibernia National Bank. B 1179f Cat y of Beaumont Council Agenda Item M O g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: October 9, 2001 AGENDA MEMO DATE: September 18, 2001 REQUESTED ACTION: Approve a resolution authorizing the City Manager or his appointed representative to execute Project Agreement Forms with the Texas Department of Criminal Justice. RECOMMENDATION Administration recommends City Council authorize the City Manager or his appointed representative to execute Project Agreement Forms with the Texas Department of Criminal Justice. BACKGROUND The Texas Department of Criminal Justice requires organizations to enter into a Project Agreement for the use of offender labor. Offender labor is used to maintain and upkeep City parks and other City properties. The City is required to furnish water and on-site direct communication on an hourly basis to prison headquarters as a part of the agreement. The agreement is typically renewed every three months. BUDGETARY IMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director and Parks Superintendent RECOMMENDED MOTION Approve/Deny authorizing the City Manager or his appointed representative to execute Project Agreement Forms with the Texas Department of Criminal Justice. TxCriminaUusticesk.wpd 09-18-2001 c City of Beaumont ,.lf � Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager MEETING DATE: October 9, 2001 AGENDA MEMO DATE: October 4, 2001 REQUESTED ACTION: Approve the waiver of penalty and interest on four tax accounts. RECOMMENDATION The Administration recommends approval of the waiver of penalty and interest on four tax accounts. BACKGROUND Section 33.011 of the State Property Tax Code states "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Jefferson County Commissioner's Court approved the waiver of penalty and interest on September 24, 2001. A letter from the Assessor-Collector of Taxes is attached for your review. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Executive Assistant to the City Manager. RECOMMENDED MOTION Approve/Deny the waiver of penalty and interest on four tax accounts. �S°N c XA MHUAM K. JOHNSON TAX ASSESSOR-COLLECTOR NETTIE WILLIAMS TRUSS JEFFERSON COUNTY COURTHOUSE SYLVIA E.MYERS CHIEF DEPUTY P.O.BOX 2112 BEAUMONT,TEXAS 77704 CHIEF OPERATIONS MGR. 409-835-8516 FAX 409-835-8589 i l September 25, 2001 Stephen Bonczek, City Manager City of Beaumont P. O. Box 3827 Beaumont, TX 77704 Dear Mr. Bonczek: The Tax Office has accepted four(4)payments that were processed according to Sec. 33.011 of the State Property Tax Code. For your information, Sec. 33.011 reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioners' Court met on September 24, 2001 and approved waiver of penalty and interest on these accounts which are listed on Attachment A. I am now requesting that you present this information to your governing body in order to ratify the Commissioners' Court action in accepting these payments. If you should have any problems or questions concerning this matter, please let me know right away. Please notify me in writing as soon as ratification has occurred. I look forward to hearing from you. Sincerely, MIRIAM K. JO NSON Assessor-Collector of Taxes Jefferson County, Texas SEP 4 MKJ:tm app_uaie ATTACHMENT A CITY OF BEAUMONT—WAIVER OF P & I September 24, 2001 Taxpayer's Name Total Levy Waiver of P & I Account Number Paid Request 1. Jos Simon Jr. 020550-003600 728.18 967.19 2. Parigi Investment 058055-001000 2,894.71 1,037.97 3. Michael Malley 300033-003400 252.67 45.45 4. Thomas Massey 700000-222209 252.15 118.51 D City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager MEETING DATE: October 9, 2001 AGENDA MEMO DATE: October 5, 2001 REQUESTED ACTION: Consider nominating C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District. RECOMMENDATION The Administration recommends approval of nominating C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District. BACKGROUND The terms of the current Board members expire on December 31, 2001. Entities have an opportunity to submit nominations for the Board of Directors by resolution adopted by the governing body and filing it with the Chief Appraiser by October 22, 2001. Before October 30, each entity entitled to vote will receive a ballot listing all of the nominees. Each entity will then cast its votes and submit the resolution before November 15, 2001 back to the Chief Appraiser. Additional information is attached for your review. Mr. Sherman has served on the Board of Directors since 1994. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Executive Assistant to the City Manager. RECOMMENDED MOTION Approve/Deny nominating C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District. Jefferson County Appraisal District (409)840-9944 P.O.Box 21337 4610 S.Fourth St. (409)727-4611 Beaumont,Texas 77720-1337 Beaumont,Texas 77705 Fax(409)727-5621 CHIEF APPRAISER MEMBERS OF THE BOARD Roland R. Bieber,RPA Fred L. Mitchell,Chairperson Eugene Landry,Secretary October 3, 2001 Miriam K.Johnson Charles Lankford C. L.Sherman / V Mr. David W. Moore Mayor L City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Mayor Moore: We have received a request to extend the deadline for submitting nominations for the Jefferson County Appraisal District Board of Directors for the 2002 - 2003 term of office. Accordingly, the deadline to submit your nominations in this election has been extended until October 22, 2001. Remember, your nominations must be cast in the form of a resolution adopted by your governing body. I will submit a ballot to you before October 30, and you must submit your votes before November 15, 2001. An extension on the voting deadline will granted upon request should you need additional time to schedule a meeting of your governing body. Sincerely, Roland R. Bieber, RPA Chief Appraiser pjb --Mr. Stephen J. Bonczek, City Manager " $ w • Jefferson County Appraisal District (409)840-9944 APPRAISAL REVIEW BOARD (409)727-4611 P.O. Box 21337 4610 S. Fourth St. Beaumont,Texas 77720-1337 Beaumont,Texas 77705 August 13, 2001 -50 4 Mr. David W. Moore Mayor City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Mayor Moore: In accordance with Section 6.03(e) of the Property Tax Code, attached please find the voting entitlement for each taxing unit that is entitled to vote for the Board of Directors. The terms of the current Board members expire on December 31, 2001. If your entity would like to submit nominations for the Board of Directors, you must do so by resolution adopted by your governing body and file it with me prior to October 15. Before October 30 I will submit to each entity entitled to vote a ballot listing all of the nominees. Each entity will then cast its votes, again by resolution adopted by the governing body, and submit the resolution to me before November 15. The conservation and reclamation districts are in the process of electing their nominee for the 2002 - 2003 term of office. The nominee of the conservation and reclamation districts will be placed on the ballot along with the nominees submitted by the County, cities, and school districts. In the main election, the nominee who receives the majority of the votes cast by the conservation and reclamation districts will receive all of the votes cast by the special districts. I have enclosed a copy of the calendar of events for the election of the Board of Directors. If you have any questions, please do not hesitate to contact me. Sincerely, Roland R. Bieber, RPA Chief Appraiser pjb ; Enclosures c/Mr. Stephen J. Bonczek, City Manager 7 JEFFERSON COUNTY APPRAISAL DISTRICT Voting Allocation for 2002 - 2003 Board of Directors Based on 2000 Tax Levies % of Total 2000 Tax Lew Tax Lew # of Votes Drainage District#6 $9,577,556.49 3.22% 161 Drainage District#7 $9,005,537.44 3.02% 151 Port of Beaumont $5,615,686.73 1.89% 94 Port of Port Arthur $3,676,795.10 1.23% 62 Port of Sabine Pass $235,052.84 0.08% 4 Bevil Oaks MUD $124,688.90 0.04% 2 Trinity Bay Conservation Dist $27,116.77 0.01% 0 WCID #10 $508,662.77 0.17% 9 SUBTOTAL C & R DISTRICTS: $28,771,097.04 9.66% 483 Jefferson County $43,312,720.22 14.54% 727 Beaumont ISD $92,585,657.88 31.09% 1554 Hamshire-Fannett ISD $5,227,499.31 1.76% 88 Nederland ISD $14,349,865.40 4.82% 241 Port Arthur ISD $31,698,699.84 10.64% 532 Port Neches-Groves ISD $31,343,510.39 10.52% 526 Sabine Pass ISD $7,502,122.71 2.52% 126 City of Beaumont $24,002,218.06 8.06% 403 City of Groves $3,188,072.78 1.07% 54 City of Nederland $3,509,250.28 1.18% 59 City of Port Arthur $7,823,768.90 2.63% 131 City of Port Neches $4,523,561.55 1.52% 76 SUBTOTALS: $269,066,947.32 90.34% 4517 TOTALS: $297,838,044.36 100.00% 5000 ELECTION OF BOARD OF DIRECTORS Calendar of Events Before October 1 Chief Appraiser calculates votes each entity is entitled to and delivers written notice to each taxing entity (with exception of conservation and reclamation districts). Before October 15 By resolution adopted by the governing body, each entity submits nomination to the Chief Appraiser (with exception of conservation and reclamation districts). An entity may submit a nomination for each of the five positions on the Board. Before October 30 Chief Appraiser prepares a ballot and delivers a copy to the presiding officer of each entity entitled to vote. Before November 15 Each entity determines its vote by resolution and submits it to the Chief Appraiser. An entity may cast all its votes for one candidate or distribute them among candidates. Before December 1 Chief Appraiser counts the votes, declares the five candidates who receive the largest vote totals as the winners, and submits the results to the taxing entities and the candidates Should any deadline fall on a weekend or holiday, the deadline is extended to the next regular business day. E City of Beaumont obsess Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joe Sanders, Senior Assistant City Attorney MEETING DATE: October 9, 2001 AGENDA MEMO DATE: October 4, 2001 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit of Mary Sonnier-Ligon v City of Beaumont, et al RECOMMENDATION Council approval of a resolution authorizing the lawsuit settlement of Mary Sonnier- Ligon v City of Beaumont, et al. BACKGROUND Council authorized the settlement of this lawsuit in executive session September 11, 2001. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay settlement amounts not to exceed $7500 to Mary Sonnier-Ligon and her attorney. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve a resolution authorizing the lawsuit settlment of Mary Sonnier-Ligon v City of Beaumont, et al. RESOLUTION NO. WHEREAS, the lawsuit of Mary Sonnier-Ligon v. City of Beaumont, et al was discussed in an Executive Session properly called and held on Tuesday, September 11, 2001; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby authorized to settle the lawsuit of Mary Sonnier- Ligon; to acknowledge that an employment service credit error was made which error it is agreed should be corrected and to pay such amounts as are necessary to correct such error and attorney fees in a sum not to exceed $7500. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 911 day of October, 2001. -Mayor-